Studia Prawa Publicznego, 2017, Nr 3 (19)

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Browsing Studia Prawa Publicznego, 2017, Nr 3 (19) by Author "Trupkiewicz, Marcin"

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    Kilka uwag o Internetowej Platformie Aukcyjnej umożliwiającej uzyskanie wsparcia w zakresie odnawialnych źródeł energii w kontekście podpisów elektronicznych
    (Wydawnictwo Naukowe UAM, 2017) Trupkiewicz, Marcin
    The paper describes certain basic principles of the new system of supporting renewable energy sources (RES) introduced in Poland. The amended Polish Act on Renewable Energy Sources (Polish RES Act) has introduced an auction system which is a new legal instrument enabling the selection of RES generators with adequate fi nancial support. Each Renewable Energy Sources project (RES plant project) to generate and sell electricity must go offi cially through an auction. The Internet Auction Platform is an IT tool used in the process. It en ables to conduct the pre-qualifi cation procedure as well as to prepare the auction off er. This new solution has entailed certain legal issues that must be addressed such as the access to the IT system, electronic submission of tenders or the use of an electronic signature to confi rm the statements made in the electronic procedure. All these issues have been discussed in this paper. The paper also contains an analysis of the diff erences between two possible forms of electronic signature that may be used in the process, and identifi es the main advantages and disadvantages of either. It is then concluded that although the online RES auction could be more competitive, in the version as it is it allows to carry out an eff ective auction.
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    Rodzaje aukcji na wytwarzanie energii elektrycznej z odnawialnych źródeł energii w świetle przepisów ustawy o odnawialnych źródłach energii
    (Wydawnictwo Naukowe UAM, 2017) Kosiński, Eryk; Trupkiewicz, Marcin
    After an analysis of certain legal texts, the authors have established that under Polish law the President of the Energy Regulatory Offi ce may conduct 56 diff erent types of auctions for generators of the electric energy from renewable sources (RSE). For each individual RSE installation complying with the RES parameters a separate auction may be carried. One RSE installation may take part in several RSE auctions provided it satisfi es the parameters of each individual installation. These parameters concern both the premises connected with the start-up process (the commencement of the production of electric energy) of a given installation and the premises of technical nature such as carbon dioxide emission or the level of the installation capacity used, as well as premises of a subjective character regarding individual producers participating in the auction. A detailed analysis of all types of RSE auctions described in the Act of 20 February 2015 on renewable sources of energy allows to determine which types of installation may take part in individual actions. However, of key importance from the point of view of the possibility of a RSE auction to be carried are secondary regulations which allow the Council of Ministers to determine individual types of RSE auctions in which the volume of energy, subject of the auction, will be made available. Consequently the Council of Ministers which runs the State policy within the area of RSE has become essentially responsible not only for the possibility of conducting an RSE auction, but also for the implementation of the EU climate and energy policy which is also binding upon Poland.